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DHIRAJ SINGH THAKUR, MOHAN LAL
Tariq Mattoo – Appellant
Versus
State of J&K Through Station House Officer Police Station Gandoh Tehsil Bhalessa District Doda – Respondent
Judgment :
Mohan Lal, J.
Instant Criminal Appeal is directed by the appellant against the judgment and order dated 04-06-2014 rendered by the court of Ld. Sessions Judge Bhaderwah in file No. 25/Sessions titled State Vs Irfan Ali Code Babloo and Ors, whereby, appellant has been convicted and sentenced to undergo rigorous imprisonment for life and fine of Rs. 5000 in FIR No. 57/2002 for commission of offences u/s 302/34 RPC. Be it noted, that in addition to the aforesaid appellant/convict, two (2) more accused persons namely, (i) Irfan Ali Code Babloo S/O Shafat Ali Butt R/O Kilhotran Gandoh & (ii) Jan Mohamand Code Hamza S/O Hashim Din Gujjar R/O Poura Pain Gandoh were named in the charge sheet presented in the court of Ld. JMIC Gandoh on 08-02-2003 for commission of offences 302/34 RPC r/w 7/27 Arms Act & 3 PSS Act, who were accordingly proceeded u/s 512 Cr.PC due to their abscondence. However, during the pendency of trial, appellant/convict Tariq Mattoo was apprehended in execution of General Warrants of arrest issued against him, was tried, held guilty, convi
: For bringing criminal activity of accused within meaning of Section 34 IPC, there must be specific overt act attributed to accused in attacking victim.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
The court confirmed that related eyewitnesses can provide reliable testimony in murder cases when corroborated by medical evidence, emphasizing that evidence must be assessed for credibility rather t....
(1) Murder – Once eyewitnesses do not recognize presence of chance witnesses at the time of occurrence, then their testimonies become unrealistic and concocted.(2) Appreciation of evidence – Quality ....
(1) A mere message or a telephonic message which does not clearly specify offence, cannot be treated as FIR.(2) What constitutes proof of common intention, may differ from situation to situation.
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